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HomeMy WebLinkAbout2006-156 Council Resolution• Council Member O'Donnell introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06 -156 RESOLUTION APPROVING THE AMENDMENT TO THE CONSERVATION EASEMENT COVENANTS AND RESTRICTIONS FOR FOXBOROUGH WHEREAS, the City Council accepted a conservation easement and approved the final plat for Foxborough with Resolution 05 -121, and; WHEREAS, the City of Lino Lakes, Royal Oaks Realty, and the Foxborough Homeowner Association executed a Conservation Easement, Covenants and Restrictions ( "CECR "), which CECR was recorded in the office of the County Recorder for the County of Anoka, State of Minnesota, on January 11, 2006 and recorded as Document No. 1981199, and; WHEREAS, the three parties wish to amend the CECR; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes hereby approves amending the CECR as indicated in the "Amendment To Conservation Easement, Covenants and Restrictions" (Attachment A). Adopted by the Lino Lakes City Council this 25th day of September , 2006. ATTEST: iTi ' e artell, Cit Cle J. B: geso" , Mayor Adopted by the Lino Lakes City Council this 25thday of Sept , 2006. The motion for the adoption of the foregoing resolution was duly seconded by Council Member Stoltz and upon vote being taken thereon, the following voted in favor thereof: O'Donnell, Stoltz, Carlson, Reinert, Bergeson The following voted against same: None Whereupon said resolution was declared duly passed and adopted. • • ATTACHMENT A TO RESOLUTION 06 -156 AMENDMENT TO CONSERVATION EASEMENT, COVENANTS AND RESTRICTIONS THIS AMENDMENT TO THE CONSERVATION EASEMENT, COVENANTS AND RESTRICTIONS ( "CECR ") is made effective this day of , 20 , by Royal Oaks Realty, Inc., a Minnesota corporation ( "Developer "), Foxborough Homeowner Association, a Minnesota nonprofit corporation ( "Homeowner Association ") and the City of Lino Lakes, a municipal corporation organized under the laws of the State of Minnesota ( "City "). Recitals WHEREAS, Developer is the owner of real property located in the City of Lino Lakes, County of Anoka, State of Minnesota, and legally described as follows: Lots 1 through 4, Block 1; Lots 1 through 7, Block 2; Lots 1 through 5, Block 3; Lots 1 through 5, Block 4; Lots 1 through 13, Block 5; Lots 1 through 3, Block 6; Lots 1 through 3, Block 7; Lots 1 through 15, Block 8; Lots 1 and 2, Block 9; Outlots A, B, C, D, and E; all in Foxborough, City of Lino Lakes, County of Anoka, State of Minnesota, according to the recorded plat thereof, (the "Property); WHEREAS, the parties executed a Conservation Easement, Covenants and Restrictions ( "CECR "), which CECR was recorded in the office of the County Recorder for the County of Anoka, State of Minnesota, on January 11, 2006 and recorded as Document No. 1981199. WHEREAS, Developer, Homeowner Association and City wish to amend the CECR as further detailed herein. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer, Homeowner Association and City hereby agree as follows: STPL- Word:86886.1 • herein. 1. Recitals Incorporated. The foregoing recitals are incorporated as if fully stated • • 2. Amendment. Paragraph 4D of the CECR is hereby amended to read as follows: D. Structures. No manmade structures including, without limitation, storage sheds, gazebos, patios, and concrete walkways, will be permitted within the Conservation Area, except for the manmade structures which are part of the storm water management system and which were installed by Developer or which are repaired, replaced or improved pursuant to the Conservation Plan and except for the entrance monument constructed by Developer on Outlot C. 3. Remaining Terms. All of the remaining terms, definitions and conditions of the CECR, except as expressly amended by this Amendment, shall remain unchanged and shall remain in full force and effect. [The remainder of this page has been intentionally left blank] STPL- Word:86886.1 2 . IN WITNESS WHEREOF, the undersigned have executed this Agreement effective as of the date first appearing above. • • STATE OF MINNESOTA COUNTY OF ROYAL OAKS REALTY, INC. By: Its: CITY OF LINO LAKES By: Its: Mayor By: Its: City Clerk FOXBOROUGH HOMEOWNER ASSOCIATION By: Its: The foregoing instrument was acknowledged before me this day of , 20, by , the of Royal Oaks Realty, Inc., a Minnesota corporation, on behalf of the corporation. STPL- Word:86886.1 3 Notary Public 410 STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by , the Mayor of the City of Lino Lakes, and by , the City Clerk of the City of Lino Lakes, a Municipal corporation organized under the laws of the State of Minnesota, on behalf of the City. STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was , 20, by of Foxborough Homeowner Association, corporation. This instrument was drafted by and please return to: Notary Public acknowledged before me this day of , the a Minnesota nonprofit corporation, on behalf of the Felhaber, Larson, Fenlon & Vogt, P.A. (TJH) 444 Cedar Street, Suite 2100 St. Paul, Minnesota 55101 -2136 STPL- Word:86886.1 4 Notary Public